Public interest – Page 2 – Federal Circuit on Damages and other Remedies

Price erosion and loss of market share tip the balance of the hardships in favor of an injunction

By Jean Dassie January 25, 2008 May 25, 2020

Canon v. GCC is a non-precedential opinion decided on January 25, 2008 on appeal from the Southern District of New York. The district court granted plaintiff Canon a preliminary injunction. Defendant GCC appealed. The Federal Circuit affirmed the preliminary injunction grant. A patent owner seeking a preliminary injunction must show: “(1) a reasonable likelihood …

Injunctions, Mixed Outcome, Nonpracticing Entities, Supreme Court

Courts must apply the four-factor test before granting or denying a permanent injunction

By Jean Dassie May 15, 2006 December 31, 2019

eBay v. MerkExchange was decided by the Supreme Court on May 15, 2006 on appeal from the Eastern District of Virginia. Following a jury verdict of infringement, the district court denied plaintiff MerkExchange’s motion for a permanent injunction. The Federal Circuit reversed and ruled that MerkExchange was entitled to an injunction, applying …